According to Summary 377 of the Federal Supreme Court, in the legal separation of assets regime, all assets acquired during the marriage are communicated.
However, the Superior Court of Justice, when judging Special Appeal No. 1,922,347-PR, prevented the sharing of assets of the partner acquired during the stable union, with a partner over 70 years of age.
The decision was based on the understanding that in marriage or stable union, which are governed by the mandatory separation of assets regime, it is possible for the spouses/partners to stipulate what best suits them in relation to future assets through an antinuptial agreement, due to the exercise of private autonomy, which prevents the total communion of assets acquired during the marriage or stable union, in protection of the elderly and their offspring.
This STJ decision alerts us to the importance of drafting an annuptial agreement with protective clauses that protect the assets of both parties.
